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Patna High Court
Surendra Rajak vs The State Of Bihar And Ors on 8 December, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12496 of 2012
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Surendra Rajak S/O Tetar Rajak R/O Village- Naga Bigha, P.S.- Aurangabad,
District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Department of Home, Govt. of Bihar, Patna
3. The Director General, Bihar Home Guard and Fire Service, Patna
4. The Superintendent of Police, Aurangabad
5. The District Commandant, Bihar Home Guards, Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate
For the Respondent/s : Mr. Nadim Seraj, G.P.-5
Ms. Shalini, A.C. to G.P.-5
Mr. Neeraj Nandan, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 08-12-2025
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for the
following relief(s):
"That this is an application for issuance of an
appropriate writ/writs, order/orders, direction/directions
directing the respondent authority to reimburse all the
medical expenditure (claim) of the petitioner, as he
become injured when he fell down from the stair of the
office of Superintendent of Police, Aurangabad in course
of performing official duty on 20.09.2010. And for any
other relief/reliefs which he may be found entitle in the
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
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eyes of law."
3. The case of the petitioner in brief is that having been
deputed in the office of the Superintendent of Police,
Aurangabad, the petitioner joined on 6.4.2010 and started
discharging his duties. He sustained a fall in the office on the
staircase on 20.9.2010. He was admitted in the R.P. Orthopedic
Hospital & Research Centre Private Limited at Ranchi under Dr.
S.N.Yadav where he underwent surgical operation and
treatment. He incurred a total cost of Rs.2,06,984/-.
4. It is further case of the petitioner that his condition not
having improved, he was referred to the Rajendra Institute of
Medical Sciences, Ranchi where he was treated upon from
4.11.2010
till 6.12.2010. On his health being restored, he
returned and joined his duties. The medical bills submitted by
the petitioner not having been reimbursed by the respondents,
the petitioner has filed the instant application for a direction to
the respondents authorities to reimburse all medical expenditure
incurred by the petitioner in his treatment.
5. Learned counsel for the petitioner submits that the
petitioner was not able to obtain prior permission as required
under resolution brought on record to the counter affidavit
because of the urgent condition in which the treatment was
required. It is submitted that in similar cases, this Court has
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
been pleased to direct for reimbursement of the medical claims.
Reliance has been placed on the judgment of this Court in the
case of Md. Ahad Raza vs. The State of Bihar & Ors.;
2008(1) PLJR 337, Biresh Chandra Chatterji vs. State of
Bihar & Ors.; 2008(1) PLJR 394 and Dr. Dhirendra Kumar
vs. State of Bihar & Ors.; 2007(4) PLJR 281.
6. The application is opposed by learned counsel
appearing for the respondents. It is submitted that the petitioner
who underwent treatment for a fall at the time when he was
posted on duty in the office of the Superintendent of Police,
Aurangabad was to be treated as a Government employee vide
resolution bearing memo no.493 dated 21.3.2003 issued from
the Home (Special) Department, Government of Bihar.
However, he having undergone treatment outside the State
without having taken any permission from the concerned
competent authority as required under Clause 3(iv) of the
resolution no.1070(14) dated 10.5.2006 issued by the Health
and Family Welfare Department, Government of Bihar, the writ
application is fit to be dismissed. It is further submitted that as
per the resolution dated 10.5.2006, the petitioner was to be
treated at a Government Medical College Hospital. He having
sustained fall at Aurangabad, the Government Medical College
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
Hospitals at Gaya and Patna were not only within the State of
Bihar but also closer than the place of his treatment ie Ranchi.
7. Heard learned counsel for the parties and perused the
material on record.
8. The relevant facts in brief are that the petitioner while
posted as Constable in the Bihar Homeguard was posted in the
office of the Superintendent of Police, Aurangabad. He
sustained a fall from the staircase in his office on 20.9.2010 as a
result of which he was treated at R.P. Orthopedic Hospital &
Research Centre Private Limited at Ranchi and thereafter at the
Rajendra Institute of Medical Sciences, Ranchi. The bills
submitted by him not having been reimbursed by the
respondents, the instant application has been filed.
9. It transpires from the records of the case that contrary
to the provisions contained in Clause 3(iv) of the resolution
no.1070(14) dated 10.5.2006 of the Health and Family Welfare
Department, Government of Bihar, the petitioner did not obtain
prior permission for his treatment before getting himself treated
at Ranchi.
10. It may be observed here that there is no dispute with
respect to the fact that no prior permission was obtained by the
petitioner before getting himself treated at the two hospitals in
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
Ranchi. There is also no dispute with respect to the fact nor have
the respondents raised any suspicion that the petitioner did
sustain a fall, injured himself on 20.9.2010 and on the same day
was rushed from Aurangabad to the private hospital at Ranchi
where he was operated upon on 25.9.2010 and on his condition
not improving was referred to the Rajendra Institute of Medical
Sciences, Ranchi. His treatment continued and on recovering, he
returned and joined his duties. To substantiate his medical
treatment etc., the petitioner has also enclosed along with the
supplementary affidavit the prescriptions of the doctor in
original and the various tests carried out including 'MRI of his
spine with contrast' as also the original discharge sheet of the
Department of Neuro Surgery in the Rajendra Institute of
Medical Sciences, Ranchi.
11. In view of the nature of injury sustained and the
manner in which the petitioner was rushed and admitted at
Ranchi on 20.9.2010, in the opinion of the Court, the petitioner
did not have any time for taking prior permission. No one
disputes the fact that the petitioner could have opted for and
been treated in the State of Bihar also, however, merely for the
reason that he was taken by his family and/or friends to the
hospital at Ranchi where he underwent treatment, he cannot be
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
deprived of his claim for reimbursement of the medical
expenditure incurred.
12. In view of the facts and circumstances of the case, the
case of the petitioner is also fully covered by the judgments in
the case of Md. Ahad Raza (supra), Biresh Chandra
Chatterji (supra) and Dr. Dhirendra Kumar (supra) relied
upon by the learned counsel for the petitioner.
13. It may further be observed that in the case of Dr.
Dhirendra Kumar (supra) as also the other cases, this Court
has taken note of Rule 26 of the Bihar Medical Attendance
Rules which enables the Government in granting to any person
any concession relating to medical attendance or treatment
which is not authorized by the Rules.
14. In the facts and circumstances of the case, as
discussed herein above, the Court is of the opinion that the
petitioner is entitled for the relief prayed for in the instant
application.
15. Accordingly, the respondents are directed to reimburse
the medical expenditure sustained and claim made by the
petitioner in the treatment after his fall on 20.9.2010 while
performing his duties in the office of the Superintendent of
Police, Aurangabad.
Patna High Court CWJC No.12496 of 2012 dt.08-12-2025
16. The petitioner shall file a representation with a copy
of the writ application and the supplementary affidavit along
with a copy of the order and the total amount/expenditure
incurred shall be reimbursed to the petitioner within a period of
three months.
17. The writ application stands allowed.
(Partha Sarthy, J)
Saurabh/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.12.2025
Transmission Date N/A
